Legal Question in Civil Litigation in California

How binding is the following disclaimer when it is attached to an e-mail . . .

Legal disclaimer:

This e-mail transmission is intended only for the use of the person to whom it is addressed. It is privileged and confidential, and may be exempt from disclosure under applicable law. It may not be disclosed, copied, forwarded or redistributed without consent from the author.

If you are not an intended recipient of this e-mail please notify the sender at address below and then delete it.

DO NOT: Read, act upon, print, disclose, copy, retain or redistribute this email if you are not the intended recipient.

Notify me immediately by e-mail at:


Asked on 3/15/10, 5:24 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Funny thing about disclaimers. You never know whether they will stand up in court until you actually go to court. I doubt that you have any duty to notify the sender of an errant email or that you have any other legal duty. Just delete it. (Different rules apply if you are a lawyer.)

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Answered on 3/20/10, 5:51 pm


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